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DECISION No

DECISION No.254-TTg ON THE 29th OF APRIL 1995 OF THE PRIME MINISTER ON THE ESTABLISHMENT OF THE VIETNAM NATIONAL TOBACCO CORPORATION

THE PRIME MINISTER

Pursuant to the Law on Organization of the Government on the 30th of September 1992;

In implementation of Decision No.91-TTg on the 7th of March 1994 of the Prime Minister on the trial establishment of business corporations;

At the proposal of the Minister of Light Industry,

DECIDES:

Article 1.- To establish the Vietnam National Tobacco Corporation on the basis of re-organization and re-arrangement of the production, distribution and administration units of the tobacco industry under the Ministry of Light Industry and local administrations.

The Vietnam National Tobacco Corporation (hereunder referred to as the Corporation) is a State-owned business. has the legal person status, has civil rights and obligations as prescribed by law, takes responsibility for all business activities conducted within the amount of capital managed by the Corporation; has its seal, assets, and centralized funds, is allowed to open its accounts at domestic and foreign banks in compliance with State regulations, is organized and operates in accordance with the Statute of the Corporation.

The international transaction name of the Vietnam National Tobacco Corporation is VIETNAM NATIONAL TOBACCO CORPORATION, or VINATABA in abbreviation.

The main Office of the Corporation is located in Hanoi City.

Article 2.- The Corporation has the following main tasks:

1. To carry out business in tobacco in accordance with the State overall planning and plans for development of the tobacco industry, including: development planning, investment, generation of sources of investment capital, organization of tobacco material areas, production, product consumption, supply of materials and equipment, import and export; and to enter into joint venture and cooperation with domestic and foreign economic organizations in accordance with State laws and policies.

2. To receive and efficiently use, preserve and develop the State-allocated capital the State, including part of the capital invested in other businesses; receive and efficiently use natural resources, land, and other resources allocated by the State to carry out its assigned business and other tasks.

3. To organize and manage activities in research and application of scientific and technological advances, in training and fostering of cadres and workers in the Corporation.

Article 3.-

1. The organizational structure of the Corporation consists of:

- The Managing Board, the Supervisory Commission;

- The General Director and the assisting apparatus;

- The member units of the Corporation.

2. The organization and operation of the Corporation is defined in the Statute of the Corporation promulgated by the Government.

Article 4.- The Minister of Light Industry, after consultation with the Minister-Chairman of the Government Commission on Organization and Personnel, shall submit to the Prime Minister for decision the appointment of the President of the Managing Board, the General Director of the Corporation and other members of the Managing Board of the Corporation.

The Minister of Light Industry shall decide the appointment of the Deputy General Directors and the Chief Accountant of the Corporation as proposed by the Managing Board at the suggestion of the General Director of the Corporation.

Article 5.-

1. The Minister of Light Industry shall be responsible for working out a plan for re-organization and re-arrangement of the production, distribution, administration units as stipulated in Article 1 in order to draw up a list of the member units of the Corporation and submit it to the Prime Minister for decision.

2. The Managing Board is responsible for drafting the Statute of organization and operation of the Corporation, and submitting it to the Government for promulgation.

3. The Minister of Finance shall preside over and cooperate with the Minister of Light Industry in the allocation of capital to the Corporation.

Article 6.- This Decision takes effect from the date of its promulgation.

The Minister of Light Industry, the Minister of Finance, the Minister-Chairman of the Government Commission for Personnel and Organization, the Ministers, the Heads of the ministerial-level agencies, the Heads of the agencies attached to the Government, the Presidents of the People's Committees of the provinces and cities directly under the Central Government, and the Managing Board and the General Director of the Vietnam Tobacco Corporation shall have to implement this Decision.

The Prime Minister

VO VAN KIET